Pre-Judicatory Proceedings

(1,593 words)

There is a possible prejudicatory or threshold proceeding to determine whether the Court has been seised of a case at all. This must be kept distinct from the type of objection which contends that the Court cannot exercise its jurisdiction in the particular case because the issue has been settled elsewhere, that the case has become or is without object, sometimes termed a pre-preliminary objection. The power of the Court to de…

Cite this page

Malcolm N. Shaw,
“Pre-Judicatory Proceedings”, in:
Rosenne's Law and Practice of the International Court: 1920-2015.
Consulted online on 19 November 2018 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0228>